Original scientific paper

Prorogation of Local Jurisdiction in Croatian Law

Mihajlo Dika ; Faculty of Law, University of Zagreb, Croatia

Abstract

The paper presents relevant characteristics of the legal notion prorogation of local jurisdiction in Croatian law after the amendments of its legislative framework by Novella of Civil Litigation Act of 2003. Explicit and implied prorogations of local jurisdiction are reviewed separately. Within the section on explicit prorogation, prerequisites of its validity (limits of prorogation, jurisdictional issues, the form and subject of the prorogation agreement) and modalities of reference to the prorogation agreement during the procedure are defined. The paper also aims to determine the effects of the prorogation agreement and to answer the question of its legal nature. In section on implied prorogation, prerequisites, modalities and effects of basing jurisdiction by prorogation are dealt with. Conclusively, and related to introductory considerations, the need for further approaching of prorogation agreement and arbitration agreement is emphasised.

Keywords

prorogation; local jurisdiction

Hrčak ID:

93098

URI

https://hrcak.srce.hr/93098

Publication date:

3.5.2012.

Article data in other languages: croatian

Visits: 2.235 *